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I 



[f-'finted bj' autliority of the .State of IlliiKiis.] 



LAWS OF ILLINOIS RELATING TO CANADA THISTLES. 



§ 1. Commissioner of Canada tliistles. 

§ 2. Duties of commissioner. 

§ 3. Treatment of thistles on inclosed 
lands — appeal, etc. 



§4. 



Further tieatment. 
Prosecutions. 



S 6. Repoit of commissioner. 
S 7. Accounts audited. 



S 8. Appropriations — control by county 
board. 



SL Duty of covmt.v boards — appoint- 
ment of commissioner.s — penalty. 



S 9. Emergency. 



An Act concerniny Canada thistles. {Approved and in force March 
ij^ iS/2, and all' Acts amendatory thereto.) 

1. Commissioner of Canada thistles. J § 1. That there may be 
appointed by the board of town auditors, in counties under township 
organization, and by the county commissioners in counties not under 
township organization, for each township or road district, and by the 
city council of any city or by the president and trustees of any town 
or village, as the case may be, some competent person to be styled 
"Commissioner of Canada Thistles," who shall take the oath required 
of township, road district, city or village officers, as the case may be,, 
and shall hold his office for the term of two years and until his suc- 
cessor is appointed and qualified, and he shall receive for his com- 
pensation the sum of three dollars a day for each full day necessarily 
spent in the performance of his duty, to be verified by affidavit. The- 
body so appointing may. at any time, for good cause, remove such; 
commissioner from office and appoint his successor to serve the remain- 
ing portion of his time. [Amended by Act filed June 26, 1917. 

2. Duties of commissioner.] § 2. The commissioner of Canada 
thistles shall diligently inquire concerning the introduction and exist- 
ence of Canada thistles in his township, road district, city, village or 
town, and if any are found growing therein, he shall take charge of all 
such growing in the highways and on unenclosed lands and take care 
that they do not go to seed or otherwise spread, and he shall carefully 

; seek and learn, so far as practicable, the best methods of their destruc- 
tion, and he shall persistently apply in proper time such remedy or 

' treatment as shall be best calculated to prevent their spread and tO' 
eradicate the same. [Amended by Act filed June 26, IDK. 

3. TrEAT.MEXT OF thistles on inclosed lands DECISION OF 

commissioners — .M'i'EAL, ETC.] § •'). It shall be the duty of all owners 
of enclosed lands on which Canada thistles are found growing, to 
destroy the same in such manner as shall prevent the same from 
bearing seed or from otherwise perpetuating themselves. The com- 
missioner shall advise the owner, agent or occupant of such land on 



[i'rinted by auihoiitj of tlie .Slnte ol' Illinois.] 



LAWS OF ILLINOIS RELATING TO CANADA THISTLES. 



§ 1. Commissioner of Canada thistles. 

§ 2. Dutie.* of comiiii-ssioner. 

§ 3. Treatment of thistles on inclosed 
lands — appeal, etc. 

§ 4. Further ti'eatment. 
S 5. Prosecutions. 



S 6. Rejjort of coniinissioner. 

S 7. Accounts audited. 

§ 8. Appropriations — contr'ol by county 
board. 

S 8^. Duty of count.v boards — appoint- 
ment of commissioners — penalty. 

S !). Emer,c,enc>'. 



An Act conceniiiuj Canada thistles. (Approved and in force March 
/5, iS'/2, and alt Acts amendatory thereto.) 

1. CoMMLssiONER OF CANADA TiiisTLFS.] § 1. That there may be 
appointed by the board of town auditors, in counties under township 
organization, and by the county commissioners in counties not under 
township organization, for each township or road (hstrict, and by the 
city council of any city or by the president and trustees of any town 
or village, as the case may be, some competent person to be styled 
"Commissioner of Canada Thistles," who shall take the oath required 
of township, road district, city or village officers, as the case may be„ 
and shall hold his office for the term of two years and until his suc- 
cessor is appointed and qualihed, and he shall receive for his com- 
pensation the sum of three dollars a day for each full day necessarily 
spent in the performance of his duty, to be verified by affidavit. The 
body so appointing may. at any time, for good cause, remove sucb 
commissioner from office and appoint his successor to serve the remain- 
ing portion of his time. [Amended by Act filed June <J6, 1917. 

2. Duties of commissioner.] § 3. The commissioner of Canada 
thistles shall diligently inquire concerning the introduction and exist- 
ence of Canada thistles in his township, road district, city, village or 
town. and if any are found growing therein, he shall take charge of all 
such growing in the highways and on unenclosed lands and take care 
that they do not go to seed or otherwise spread, and he shall carefully 

1 1 seek and learn, so far as practicable, the best methods of their destruc- 
tion, and he shall persistently apply in proper time such remedy or 
treatment as shall be best calculated to prevent their spread and to 
eradicate the same. [Amended by Act filed June 36, 19] 7. 

3. Treatment of thistles on inclosed lands — decision of 
COMMISSIONERS — APPEAL, ETC.] § o. It shall be the duty of all owners 
of enclosed lands on which Canada thistles are found growing, to 
destroy the same in such manner as shall prevent the same from 
bearing seed or from otherwise perpetuating themselves. The com- 
missioner shall advise the owmer, agent or occupant of such land on 



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their trcatmciU. In case any such owner, agent or occupant shall 
refuse or neglect to destroy such thistles, it shall be the duty of the 
commissioner to enter U])on such lands and to destroy such thistles 
or cause the same to be destroyed. Express power to so enter upon 
such lands and destroy such thistles is hereby conferred ui)on such 
commissioner. Any expense incurred hi such destruction shall be ])aid 
by the owner or owners of such lands, and the commissioner shall 
have a lien against such lands for such expense, which lien shall be 
enforced in the manner now provided by law for the enforcement of 
mechanics' liens. Any owner who shall refuse or neglect to destroy 
such thistles, as provided for in this section, shall be subject to a fine 
of not less than five dollars ($;■).()()) nor more than one hundred dollars 
($100.00.) [Amended by Act filed June '<!(;, li'lT. 

4. FuKTiiKR TREATMENT.] § \. The Commissioner shall apply the 
best known means and use the utmost diligence in eradicating the 
thistles ; but he shall not have power to expend in work or materials 
more than $100 on any one infected tract, without the advice and 
consent, in writing, of the supervisor of the town, or of the county 
commissioners, as the case may be. 

5. Prosecution.s.] § 5. It shall be the duty of the commissioner 
to i)rosecute or complain to the proper authorities of any person or 
cori)oration who may violate any law now existing, or which may 
hereafter be passed, on the subject of Canada thistles. 

6. Report of commissioner.] § 0. The commissioner shall, an- 
nually, before the first day of November, make a written report to 
the supervi.sor of the town, or to the county commissioners, as the 
case may l)e, which report shall be filed with the town clerk, or, in 
■counties not under township organization, with the county clerk. The 
report made to the supervisor shall be publicly read at the annual 
town meeting. Said report shall state : 

First — Whether there are or not any Canada thistles growing in 
the town or precincts. 

Second — If any are growing, where and how many, and when and 
how introduced. 

Third — A detailed statement of his treatment of each infected 
tract, with cost and result. 

Fourth — He shall report such other matters as may be recjuired 
of him by the board of town auditors, or by the county commissioners. 

Fifth — He shall state his views on their further treatment, and 
make such suggestions and recommendations as he may deem proper 
and useful. 

And he shall also forward a copy of said report to the secretary of 
the State Board of Agriculture, who shall collate and report the same 
to the Governor on or before the first day of December of each year. 

The secretary of the State Board of Agriculture shall have general 
supervision of all measures adopted for the extermination of such 
thistles. He shall cooj^erate with all local Canada thistle commission- 
ers, shall furnish blank forms for re[)orts to all such commissioners 
and shall do all things authorized by law necessary and expedient to 

n. fit D, 
'*'^^ ..i^ 1919 



promote the extermination of such Canada thistles. [Amended by 
Act filed June 36. 1917. 

7. Accounts audited.] § 7. The board of town auditors, and 
the county commissioners in counties not under township organization, 
shall audit the accounts of the commissioner, both for his services and 
for the money expended or labor employed by him ; and they shall 
provide for their payment as they now do for other town or county 
expenses. 

8. Appropriations — control by county board.] § 8. The boards 
of supervisors and county commissioners may make appropriations 
from the county treasury to aid in destroying the Canada thistle in any 
one or more towns or precincts of the county ; and in case they deem 
it expedient, they may assume control over any one tract or of all 
the Canada thistles in the county, and make such provision as they 
may deem necessary, and impose penalties, not exceeding $100 for each 
ofifense, for a violation of any provisions, by-laws or regulations made 
by them on this subject, to be sued for by the commissioner, in the 
name and for the use of the proper county, before any justice of the 
peace having jurisdiction. Whenever the board of supervisors or 
county commissioners shall decide to assume control, and so long as 
they exercise it, their jurisdiction shall be superior to that of the 
commissioner. 

S%. Duty of county board — appointment of commissioner — 
penalty.] § 8^/4. And it is hereby made the duty of county boards in 
counties under townshij) organization, where town auditors have failed 
or refused to appoint a commissioner of Canada thistles ; upon the 
petition of twenty-five land owners, of said town or adjoining town 
or towns, stating the failure of said board of auditors to appoint a 
commissioner for said tow-n, and of the necessity for the same ; to 
appoint a commissioner for said town (who shall be a resident of said 
town), who shall hold his office for the same length of time, as if 
appointed by the board of auditors, and shall receive the same com- 
pensation, and said compensation shall be audited and allowed, and 
paid by the township for which he was appointed, the same as if he 
bad been appointed by the board of auditors of said town ; and his 
duties shall be the same, and the board of town auditors or county 
board may appoint so many assistant commissioners as they may 
deem necessary to thoroughly perform the duties in any town ; which 
assistants shall receive the same compensation for like services, as the 
commissioner, and whose duties shall be the same, and the commis- 
sioner of Canada thistles or assistants refusing or neglecting to per- 
form their respective duties shall be fined in a sum not less than ten 
dollars nor more than one hundred dollars for each ofifense such fine 
to be sued for in any court of competent jurisdiction in the name of 
the town on complaint of any land owner of the town ; said fine when 
collected to be paid to the supervisor or covinty commissioner and 
become a part of the town or precinct fund. 

9. Emergency.] § 9. Whereas. Canada thistles are now growing 
in various parts of the State, requiring attention before the first day 
of July, therefore this Act shall take efifect and be in force from and 
after its passage. 



LiDKHKY uh CONGRESS 



III III III 

002 819 643 P " • 



CRIMINAL CODE. 



CANADA THISTLES. 
(Sections 40 and 41.) 

40. Bringing into the state, or allowing to seed.] § 40. Who- 
ever shall bring into this State, whether in the packing of goods, or in 
grain or grass seed, or otherwise, any seed of the Canada thistle, and 
permit the same to be disseminated so as to vegetate on any land in 
this State, and whoever shall permit any Canada thistle to mature its 
seed on any land owned or occupied by him, so that the same is or 
may be disseminated, shall be fined not less than $10 nor more than 
$100 ; the fine io be paid to the commissioners of Canada thistles, if 
any is appointed in the town, precinct, city or village, or otherwise as 
directed by law. 

4L Railroads to destroy.] §41. If any company, association or 
person owning, controlling or operating a railroad shall refuse or neg- 
lect to dig up and destroy, or take other certain means of exterminating 
Canada thistles and other noxious weeds that may at any time be 
growing upon the right of way or other lands of such roads, or apper- 
taining thereto, they shall be fined for each offense not less than $50 
nor more than $200; the fine to be paid as in the preceding section. 

Compiled by 
LOUIS L. EMMERSON 

SECRETARY OF STATE 



SciiNEPr & Barne.s, State Pri.vticks 

Springfield. III. 

1917. 

D17.')l— .-)00 



